Agenda 12/14/2010 Item #16A14
Agenda Item No. 16A14
December 14, 2010
Page 1 of 27
EXECUTIVE SUMMARY
Recommendation to approve, and authorize the Chairman to sign, a Satisfaction of
Lien, related to impact fees, due to the deferred impact fees being paid in full, in
accordance with the Affordable Housing Impact Fee Deferral Program, as set forth
by Section 74-401 of the Collier County Code of Laws and Ordinances, and the
Charitable Organization Impact Fee Deferral Program, as set forth by Section 74-
203 (i) of the Collier County Code of Laws and Ordinances
OBJECTIVE: That the Board of County Commissioners (Board) approve, and
authorize the Chainnan to sign, a Satisfaction of Lien, related to impact fees, due to the
deferred impact fees being paid in full, in accordance with the Affordable Housing
Impact Fee Deferral Program, as set forth by Section 74-401 of the Collier County Code
of Laws and Ordinances, and the Charitable Organization Impact Fee Deferral Program,
as set forth by Section 74-203 (i) of the Collier County Code of Laws and Ordinances
(Code).
CONSIDERATIONS: On November 25, 2002, Collier County (County) and First
Assembly of God of Naples (First Assembly) entered into an Affordable Housing Impact
Fee Deferral Agreement (Agreement) for the construction of thirty (30) mobile homes on
the First Assembly property. This Agreement was recorded in O.R. Book: 3168 Page:
0182, et seq., of the Public Records of Collier County, in the amount of $224,076.12.
The Agreement was subsequently amended on June 3,2003 (OR: 3312 PG: 1868 et. seq.)
changing the deten'al balance to $279,210.12, and on October 6, 2005 (OR: 3908 PG:
4002 et seq.) the legal description of the property, relative to the Agreement, was revised.
On December 17, 2008, the Agreement was scheduled to become due and payable in
accordance with the tenns of the Agreement. As stated above, the recorded amount of the
deferral is $279,210.12, however based on the payments that were made related to Water
and Sewer Impact Fees, as well as a recalculation of the other applicable impact fees
based on the number of dwellings pennitted, the amount due and payable on December
17,2008 was calculated to equal $82,899.34.
Pastor David Mallory of First Assembly of God filed a request to speak under Public
Petition at the December 16, 2008 Board of County Commissioners (Board) meeting.
Pastor Mallory was seeking assistance from the Board related to the Impact Fee Deferral
Agreement.
The Board provided the folowing direction rclative to Pastor Mallory's petition:
· Recalculate the applicable impact fces bascd on the actual use of the four (4)
trailers currently on site, and the fiftecn (15) trailers that were removed, which is a
rehabilitation facility. In 2002 staff calculated the impact fees for the structures
based on a residential classification and thereby allowed the impact fees to be
deferred through the Aflordable I-lousing Rental Impact Fee Deferral Program,
Agenda Item No. 16A14
December 14. 2010
Page 2 of 27
however, the use of the structures was and currently is a rehabilitation facility,
which is an institutionaVcommercial use not a residential use for the purpose of
the assessment of impact fees. The change in the calculation would remove the
assessments for the residential impact fees (Parks, Library and School). Impact
fees for TranspOliation, EMS, Jail, etc. would be required to be paid.
In accordance with the Board's direction, the re-calculated impact fees total $23,473.00.
The Impact Fee Deferral remained active on the property due to the Church's status as a
not-far-profit as well as their commitment to providing services of substantial benefit to
the low-income and indigent residents of Collier County.
Due to the pending sale of the property, the impact fees, in the amount of $23,473.00
were paid and processed by the County on November 17,2010. With the subject impact
fees having heen paid in full, and therefore completing the requirements of the
Agreement, a satisfaction of lien has been prepared for the Board's review and approval.
FISCAL IMPACT: The impact fees related to the subject properties have been paid in
full to the applicable impact fee trust funds. All other fees and costs related to the
satisfaction of the lien and recording costs will be paid from the Operating Budget of the
Impact Fee Administration (Fund 107) with funds budgeted for recording costs.
GROWTH MANAGEMENT IMPACT: This request has no impact on the County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
RECOMMENDATION: That the Board of County Commissioners approve, and
authorize the Chairman to sign, a Satisfaction of Lien, related to impact fees, due to the
deterred impact fees being paid in full, in accordance with the Affordable Housing
Impact Fee Defenal Program, as set forth by Section 74-401 of the Collier County Code
of Laws and Ordinances, and the Charitable Organization Impact Fee Deferral Program,
as set forth by Section 74-203 (i) of the Collier County Code of LawS and Ordinances.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division ~ Planning and Regulation
Attachments: I) Satisfaction of Lien; 2) Impact Fee Deferral Agreement;
3) Deferral ~ I sl Amendment; 4) Deferral- 2nd Amendment
5) Deferral Payoff Receipt
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16A14
December 14. 2010
Page 3 of 27
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A14
Recommendation to approve, and authorize Ule Chairman to sign, a Satisfaction of Lien,
related to impact lees. due to the deferred impact lees being paid in lull. in accordance with
the Affordable Housing Impact Fee Delerral Program, as set forth by Section 74-401 olthe
Collier County Code of Laws and Ordinances, and the Charitable Organization Impact Fee
Deferral Program. as set lorth by Section 74-203 (i) olthe Collier County Code of Laws and
Ordinances.
12/14/20109:00:00 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Manager Impact Fees & EDC
Date
Business Management & Budget Office
11/30/201010:12:24 AM
Allproved By
Judy Pulg
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
11/30/2010 10:44 AM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
11/30/20'102:25 PM
Approved By
Norm E. Feder, Alep
Transportation Division
Administrator - Transportation
Date
Transportation Administration
11/30/20104:58 PM
Approved By
JeffWrigtlt
County Attorney
Assistant County Attorney
Date
County Attorney
12/1/20108:06 AM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
12/1/201010:30 AM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
12/1/20103:35 PM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support ~ Trans
Date
Office of Management & Budget
12/2/201012:36 PM
Agenda Item No. 16A14
December 14, 2010
Page 4 of 27
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/3120105:22 PM
Agenda Item No, 16A14
December 14. 2010
Page 5 of 27
This instrwnent prepared by:
Amy Patterson
Impact Fee and Economic Development Manager
2800 North Horseshoe Drive
Naples. Florida 34104
(239) 252.5721
SATISFACTION OF LIEN
This is to certifY that the claim of lien in the sum Two Hundred Seventy-Nine Thousand Two
Hundred Ten Dollars and Twelve Cents ($279,210.12), arising out of ari Agreement For
Deferral of 100% of Collier County Impact Fees for Multi-Family Affordable Housing dated
November 25,2002, and recorded on December 5,2002 in O.R. Book 3168, Page 0182, et seq.
of the Public Records of Collier County, Florida, against the attached described real property
(Exhibit A and Exhibit B) has been satisfied in full.
Such Agreement was subsequently amended by the Amendment to Agreement for Deferral of
100% of Collier County Impact Fees for Multi-Family Affordable Housing, dated June 3, 2003,
and recorded June 10,2003 in O.R. Book 3312, Page 1868, et seq. of the Public Records of
Collier County, Florida and the Second Amendment to Agreement for Deferral of 100% of
Collier County Impact Fees for Multi-Family Affordable Housing, dated October 6, 2005, and
recorded October II, 2005 in OR Book 3908, Page 4002, et seq. of the Public Records of
Collier County, Florida.
The undersigned is authorized to and does hereby release this lien as to the whole of the
above-described real property and consents to this lien being discharged of record.
Dated this
day of
,2010.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
By:
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
/"'
right, Assistant County Attorney
Agenda Item No. 16A14
December 14. 2010
Page 6 of 27
EXHIBIT feA"
The Southwest 114 of the Northwest 114. ~the WeollOOfeollMnor; AND the West 1/2 of the
Southclst 114 of the Northwat 114 AND the WClI 112 of the BuIII2 of the Southcull14 of the
Narth..... 114. Section 14, Townahip SO South, Ranp 26 East, IIIlitualcdllldlyinaineow..County,
Florida.
LBSS AND EXCEPT THERBFROM:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSfDP SO SOUIH,
RANOll26IlM1'. <X>UJ1lR CX)UN'IY. PLORIDA. BBINO MOREPAR11CULARLYDI!SCRI8EO
AS FOlLOWS:
COMMENCE AT llIB NORtlIWEST CORNER OP SECI'ION 14, TOWNSIDP SO SOUIH,
RANGE 26 BAST, CX)UJBRCX)UN'IY,PLORlDA; 11I1lNCBRUN S. 00"49'12"W.,ALONOnm
WESTUNBOFllIB NORtlIWEST QUARTBR OPSAID SECIlON 14, FOR A DISTANCEOP
1,338.98 FEHT TO A POINT ON TIlE NORTIf LINE OF TIlE SOutH HALP OF llIB
NORtlIWESTQUARTBROF SAlDSECIlON 14; THIlNCIlRUNN.8'M8'39"B.,ALONOlllB
NORTIfUNB OFllIB SOutH IfAUl QUARTBR OF SAID SECIlON
14, FOR ADISTANCE OP 1,.593 OPllIBPARCEL
OFLANDHBRl!INDBSCRIB 9"8., ALONOlllBNORTIf
UNBOPllIBSOUI'RHALP OPSAID SECTION 14. FOR
ADISTANCEOP74S.63 nmWBSTHALPOFnm
BAST HALPOFllIBSO QUARTBR OF SAID
SECI1ONI4;'IlIENCER OPTIlEWBSTHALPOP
TIlBIlMI'HALPOFnm QUARTIlIlOPSAID
SECI'ION 14,FORADIST ON nm SOutHUNE OF
TIlBNOR11IW1lSTQU RUNS.87"31'14"W..A1.ONO
THI! SOUI'H UNB OF SAID SECllON 14. FOR A
DIST ANCBOF 883.82F1!E1'; R ADISTANCEOP213.s9PBIn';
TI1I!NCBRUNN.22"I9'04"W.,FOR PEBI'; 1lIENCBRUNN.oo"l8'S9"B.,
FOR A DISTANCE OF 216.38 PBIn'; UN N.87"28'12"B.,FOR A DISTANCE OF
172.03 PBIn': 'IlIENCERUNN.66'03'38"B.,1'OR ADlYI'ANCBOF 117.91 PEBI'; 1lIENCBRUN
N.0lI"l2'14"B.. FOR A DISTANCE OF 441.42 FEHT; 1'HIlNCR RUN S.87"28'12"W.. FOR A
DISTANCEOF 80.31 f1!IIT; 1lIENCE RUNN.0Z"31 'OO"W..PORADISTANCBOF33S.86PBBT.
TO TIlE POINT OP BI!rnNNINn,
. .
' .
Agenda Item No. 16A14
OO.cember 14, 2010
&cNbit Page 7 of 27
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1l/05/l00l at 10:1111 DIICIf I. IIOCI, CLIU
DC ... 51
""po.... hy:
Palrt<k G. Whitt
AU'I. Collier ely. Art',.
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AGREEMENT FOR 100% DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR MUL TI-FAMIL Y
AFFORDABLE HOUSING
This Agreement for the DeferraJ 01 Impact Fees is entered into this ~day of"1\C\lem '0...--
200-'1., by and between Collier CountY,._l!politi",aLs~bdivision of the State of Florida. through its
Board of County commissio~~~(~~i~~ft~i-I~'?rkd~~:~~OUNTY'" and First Assembly of
/l,/ '\ \
God of Naples, Florida, ~t., /~~"ii1!~~f'~em:Qrt\ as ~W~ER," collectively stated as the
"Parties." I "II/-70,-;;JI/I,,";J:-~]'ii)Y \7'\,
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WHEREAS, Collier'C9uhty Ordinance No: 2(j(}(-iJ)/the Collier County Consolidated
" - '\ /
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Impact Fee Ordinance, as it maY~ fqit~~f alllJ:~~ltdft9n1time to time, hereinafter collectively
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.......,._.._.~,., ..:. 1,___. '. ~__/
referred to as "Impact Fee Ordinance." p--ro"ides"(or the deferral of impact fees for new multi-
family, rental dwelling units which qualify as affordable housing; and
WHEREAS, J. David Mallory, as President; and
WHEREAS, First Assembly of God of Naples, Florida, Inc., has applied for a deferral of
impact fees as required by the Impact Fee Ordinance for the Campus of Care, hereinafter referred
to as "PROJECT," and a copy of said application is on file in the Financial Administration and
Housing Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
J of8
OR' 3i6Ari~tn ll'I A ~A 14
· ~-;'cemb~},fY.~01O
Page 9 of 27
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of Two
Hundred Twenty-Four Thousand Seventy-Six and 12/100 (224,076.12)) for six years from the
first date that the impact fees were otherwise due and payable for the PROJECT; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY; and
WHEREAS. pursuant to Section 74-20 I E.l.b. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances, the County Manager is authorized to execute
.----...-----
certain Impact Fee Deferral Agree~z~~,\~~11il~8~!;.?UNTY; and
WHEREAS, by SigniJ'(~~.~~~ement, th;co?Q~\nager will approve a deferral of
impact fees for OWNER in iuPvortl.P.L~.I;alin~-Aff4able)lSIl)g.
I rr/-'J((\\~D)~ \T
NOW, THERE1"l\~J~ 4,):: M"', ,'" - ""'" ~d
valuable consideration, the,~lle i pt, and sufficiencyJ;( WjiC!,r ',is.' ereby mutually acknowledged,
\ "I') '\ 1~ b_"'J I
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the Parties covenant and agree"~,foUows: , -%, ",' ~/
"-(~'::-------- /-"\',/
1. RECITALS INCOR~1DI~;foregOing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both
Exhibits are incorporated by reference herein.
3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and
shall be offered for rent in accordance with the standards set forth in the Impact Fec Ordinance
for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is
issued for a particular Dwelling Unit; and that the ternl of the requirement to pay the PROJECTs
20f8
OR:A~~!G:~O~ri
Page 10 of 27
impact fees will be deferred for six (6) years from the date of the impact fees being due and
payable.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
A. Each Dwelling Unit will, during the tenn of the Agreeme,nt, be the
pennanent residence of a qualifying occupant/tenant.
B. At the commencement of any leasehold anri throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those tenns are defined in the Impact Fee Ordinance; and the
household's mon~t9~{~~{\~'~~~~(:~;,~;~~~ the affordable housing guidelines
established i1e:;~p~~t ~~ Ordinance:~; \~
C. Eac?' DremDgc'''ZllIt~~~st,tl!rain "\ffol'fable" for at least fifteen (15)
years froml~heJ1affis]refilfii'1~~~;~~\wa!' issued.
5. SUBSEQV~~T,~R~N:rAtAlg~~~~~ REPAYMENT. If OWNER
rents a Dwelling Unit whi~":!~/Z~bject to the impa~~~lf.ej ~7~~J and then re-rents that Dwelling
Unit to a subsequent renter, thbpwelling Unit shall be~\relited only to persons or households
"",--',r>,__", "'" //'\,/
meeting the qualifying criteria set 'fQ~tti'Iilii'lf1ip~kFee Ordinance. If the income of any unit
.-.-...-...--,--.....
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines. upon the discontinuance of use of a Dwelling Unit as affordable housing, or six
years from the date such impact fees are deferred, whichever occurs first, the impact fees
deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the
impact fees may have been repaid to the COUNTY, the OWNER will continue to utiliz.e the
30f8
OR: M~e~~~~e~1~16
Page 11 of 27
Dwelling Units for affordable housing for at least fifteen (15) years from the date the first
certificate of occupancy was issued for a Dwelling Unit.
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Financial Administration and Housing Department an Affidavit attesting to compliance with
the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state ur federal agency will not be required to file this separate affidavit of compliance
with the County Manager. ~,\,~!Z C:..f:ici\>
/',\0:/-- -~Y}'I
7.. LIEN. oWf~_a~_~~ that the do\, mount of deferred impact fees,
com~encmg on the .Cffecte d~~e.I~:~~{<~~~:~~\~:~ ~nu umg unul pmd or released. Will
consutute and be a hen Ii the((11611l1rCOr)Wj r~~t ~/IY:- . ur Thousand .seventY-Six and
12/100 ($224,076.12) on\~~~1'k91~Qp>'VP~rty ~~.J"'r,:{HlI1g Umts whIch hen may be
foreclosed upon in the e~9~\,~, f non-comPlianc~,it~I, ty~~uirements of this Agreement.
I " ,11\, Il, /
Provided that the OWNER i~\~~JJ~~agor, the ~\5~:ind OWNER agree that by, and in
consideration of. a security cOllat.?r~i~~~1v\Ci~Vt~ OWNER to the COUNTY. that all of
the COUNTY'S lien rights and any other interests arising under this Agreement are to be
considered junior, inferior, and subordinate to each first mortgage on the PROJECT. Except as
elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest in
the Dwelling Unit of any owner, lessee. tenant, mortgages, or other person except that this lien
shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing stich payment. induding hut
not limited to, a release of lien.
40f8
OR:A~~~~~~Q~6
Page 12 of 27
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in lull.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
1 I. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standar~~~~a~~\~aJifu-~fP/\;~i.~eria established in the Impact Fee
Ordinance, and1he?eafter, fails to payth{j~\>i1ct fees due within thirty (30) days
/ t:/ \ \
,. ./ f~'-."'--'"'' """". '\ \
of mailing 9t w~itten,nqti~eof Saidrto\n-com~iari~e,
B: . iriW~,r:Er,tit~;J~,~,~}~tfi~;J1re, tffOrdable housing qualification
criteria m \h~ fPJ!gfFe.~dl)b ~. forl~r~of fifteen (15) days after mallmg
of written notic ,~,of such violation, \Irk I; /1 ~~YI
".;; \ ",,,' , . lJ
, . ," \ ,,'\ I " / -
C. with respep'~ the Annual R9ii5~ ~Ee a fifteen (\5) day grace period
\, )/-' '':.". "./'''\ /
from the date of the~~ee~~~..'!~:~a8expired, the OWNER will thereafter be
'--""-.-.....
in default.
12. REMEDIES. The following remedies are cumulative with any other right or
remedy available to the COUNTY:
A. Should the OWNER of the property;
1) fail to comply with the said qualification criteria at any time during
the fifteen (15) year term: or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
5 of 8
OR: -,",Aa IU1lI NAlM-.14
v-a.l{ff,cMMer 'I ~."2b 1 0
Page 130127
B. Should the OWNER otherwise be in default of this Agreement. and the
default is not cured within ninety (90) days after mailing written nOlice to lhe
OWNER. the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY. by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled 10 recover all fees and costs,
induding attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
,----,--'-_.-.._-~.~
13. As the amount of i~J?~~~!!~i(i~!...~~~; this Agreement is an estimate based
upon projected impacts Will&)U[;ot be precisely kh~~ntil building permits are issued for
the subsequent constructrn o{th);llll1i!;'conlempUi ed as\art\r this Agreement. the OWNER
and COUNTY acknowle~ge f61;Cii~~ff~?I"<::1JP V\e quired to make adjuslments for
paymenl of any impact t\~s ~tili::l'{ll'nilUJ:' d-1~boV ~.J nd the amount of this deferral.
,e:: \ .'1(, I ..Ii-oJ:;
Such adjustments will be 1~ the foml of an amemUtlCutlO Yl~-Ngreementto the dollar amount of
\cl~.,\~i'\j 1.1...../
the deferral of impact fees\\h~) w~uld otherwise b<v~J;/~nd payable upon is.uance of the
". 'I> ,'~--"_~0-/
required building permits. ".J.!i!~~C~'-::./
6 of8
OR: 3%~~tt~JU~~i6
Page 14 of 27
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
(2) Witnesses:
OWNER:
First As)mb~YJ: God of Naples, Florida, Inc.
":) jl I // /
P' t Namer",,~ /'VNIiV~-"" By:
.4~V/ih/u: .I "I' ,
Print Name Su.son i!JLVJJ' .,/\'~\~fi-Z)[7\~
/....\ ,..- "', , y )- "
/.();/ -....:...' ~
// ~;;~.___ " (CO Po,\ TE SEAL)
n. fore.o'" Asllci~,"~~"".ilj;od ~fL. t, ~ do, of AJ.~.
2002 by J. David ~a, ",.~ry, . President of F~~\t.AJse~'t!l%f God of Naples. Florida, Inc.
He is rsonally know \to me or has proalf~e4 / (')" - (type of
'identification) as I enll<!il~l~o~~ '.' _ /"W ~
. <.(!DT',';,{i.c;:J:-' ~
-'Signature of person taking acknowledgment
I y, President
v
(Notary Seal)
~,:;.,'" ~;r"J 5
Name of Acknowledger Typed, Printed or Stamped
.':' I"!f!- ~I!f
~ 10._
...... 'I\N
_-..Co., In'
70f8
OR: 1r6re~eml~16
Page 15 of 27
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF COllIER COUNTY, FLORIDA
ByQ y~.A
. AMES V. MUDD.
COUNTY MANAGER
ST ATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this 4'i.. day of ~~.... L... ,
2002 by James V. Mudd. CO~J}'~I~~o;~half of the COUNTY. He is personally
known to me. A~.o\/~-----0Y"'~
/v__ A
I l<t.~ign, Btatt of pe on,\ acknowledgment
(Notary Seal) "'-'1 ..-::').... .~~_.~ 'lJ.
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Approved as to form and
legal sufficiency:
AI' roval Recommended
\~ \1-~
~dI11,~
~ Patrie . White
Assistant County Attorney
Denlon Baker, Director
Financial Administration
and Housing
80f8
"tI '"':l "tf "tI "'0 " " " Agenda Item No. 16A 14
> > > > > )> > " December 14. 2010
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Exhibit "B"
Agenda Item No. 16A14
December 14. 2010
Page 17 of 27
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Ut OR: 1t6~JG:n ,Q192AU*
December 14. 2010
Page 18 of 27
Exhibit "e"
The Campus of Care. First Assembly Ministries
(30 Mobile Homes)
RIle/dwelling unit Unit
$571.02 8
$650.00 22
$249.82 8
$649.00 22
$214.00 30
$1,053.00 8
$2,\00 ~\~( C6('~~!\" 22
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/ (t,;/$93.oo "<)~ \0
/ /" ~i,:?;J4.00""-------'J'\ \ 3
( I(r)~~, t~~,9f~'J'~)~~\Y\ 30
I i\ \,../l\.ldy If '{3{metel'
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DoUer Amount
$4,568.16
$14,300.00
$1,998.56
$14,278.00
$6.420.00
$8.424.00
$44,198.00
$2,790.00
$37,020.00
$3,539.40
$41,100.00
$45,440.00
$224,076.12
....
Agenda Item No. 16A14
December 14. 2010
Page 19 of 27
AMENDMENT TO AGREEMENT FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR MUlTI.FAMllY AFFORDABLE HOUSING
This Amendment to the Agreement for the Deferral of 100% of Impact FeesS S a ~
entered into on -:)...",... _ ~, 2003, by and between Collier County, a ~ ~ ~ ~
political subdivision of the State of Florida, through its Board of County 5 ~ 1=
Commissioners, hereinafter referred to as "County," and First Assembly of God of= - !i
Naples, Florida, Inc., hereinafter referred to as "Owner," collectively stated as thei:! ;:
. '" ..
UPartles.1I ~ 5
:? ~
:.. ;:
~~ ~n
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County
Consolidated Impact Fee ordinance, as amended by 2002-34, and as it may be
further amended from time to time. hereinafter collectively referred to as "Impact Fee
Urdlnance," provloes for deferrals of Irtl~Qc.;t fees for nl:llN owntlr-O\;~upied JweiHlig
units qualifying as affordable hql.lsi~g~U{SV,ntto Section 74-401 (b) of the Code of
Laws and Ordinances; and /,,/~ \, ~::~------::_cJj!\>J>'
/ 0 \,/ "" ",
WHEREAS, Owne/~~>~deferral of 100~~)f'~pact fees as allowed by the
Impact Fee Ordinance/ and' ci~copy\.o!,saidr gree enl\ is on file in the office of
Financial Administrati('~ h<'-l!,,91.1Sing:, O~~~ ent frJd I recorded in O.A. Book
3168, Page 0182, Colli ,~ ~t;;ct~;j_rtJ \ \t f-
WHEREAS, th r" .ollnty Manage~~or 'nis" ,~t!i nee has reviewed this
Amendment to that Agre{:ln\~nt and found th~jt cbmp-lie with the requirements for
an ~ffordable housing 1b~t.>~eferral of impaCl\,t~,)S:o/(~ . set forth in the Impact Foc
Ordinance; and '~' r)', /, :\'
\- "'. ',- -----/"
./'?' ---..--_/,\..' "
WHEREAS. the total 'imJt~1f llee~~:tte'rred in the Agreement were
$224,076.12, and the total amount bein~jaeferred has been re-calculated and should
have been $279,210.12.
Nnw therefore, in r.onsideratinn of the foregoing Recitals. it is agreed by thA
Parties that the total Impact Fees previously deferred is amended to be $279,210.12
and the amount stated in the Recitals and Paragraph 7 of the Agreement of Deferral
of 100% of Collier County Impact Fees for Multi-Family Affordable Housing Dwelling
is so amended to reflect an increase to the Water Impact Fees being deferred from
$43,040.00 to $69,862.00 and is so amended to reflect an increase to the Sewer
Impact Fees being deferred from $45,440.00 to $71,812.00.
OWNER:
Y f God of Naples, Florida, Inc.
By:
. President
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Agenda Item No. 16A14
December 14, 2010
Page 20 of 27
STATE OF FLORIDA
COUNTY OF COLLIER
r-P
The foregoing Amendment was acknowledged before me this ~_ day of
..Jc.JAlL_, 2003, by J. David Mallory, President of First Assembly of God of
Naples, Florida, Inc. He is personally known to me.
(Notary Seal)
,"\li'~,'" R. Grant Ingersoll
.Z....'~.< Commi5.lion.DD204I..
\~~;J E~pire5: Apr 16.2007
~..~.~~" IonIW 1'hne
,.",,,,,, Atlank .....c...ItW.
~--~~
Not Public --
,,'\li!~. R. Orant Innrmll
/'#.c" .~< Ctwnniuiand2lM'"
;'~'1E~JlI'rcl' Apr 162007
,~,... ....:.......c...
-,"PornO,' ....,..,_'1lInI
"........ ~...... .......~....
COLlI~H COUN ry, fLORIDA
,/ .-:; D C(' --:-.~'~",. ,
,/, \L" ){;~"""" /
,,/"\ ,'l...,I'"r..-.-----...'",_---l./,',..,:.,,1 -//'
/: ,"\~;By: ~<, ,'i' ,. '/. .,-(~ /
' , ,,~..../' ,.,. " '... ,
1/ ~~;:--'J~~~:r~. M\',\unty Manager
I! ~\~,r., ' , \
( ("7'\) , ""r," ")'\ ''"'--iI) )'\--, \)1\
I !( l ( , I )1"1'''' ~'ll.
,-,' ,'],.,' .. .,~
I i\',.....::::;/ '-..~ " " I,
STATEOFFLORIDA \~c\ \1\~. . /!j:::
COUNTY OF COLLIER \~~\;V'1:\)/0;
',T" / ........
The foregoing Am~i1ct.~,l:1t..w~~ aCkl)o\V~~~~l before me this Jfi!: day of
~ . . , 2003, by James'\l.}"'l/9a,(Cf1t-l/'l'!y~Manager. on behalf of the County.
H is personally known to me, '_.;::'-=-------
(Notary Seal)
~ ?--.. A d-
Notary Public
,"\li'~,. Lauren J. Beard
/!;~.:t~ Com!llis~ion'DDIS9084
,,.. ~~: Expires. Oct 24. 2006
....,7iGl~...... Bonded Thru
"'I"II\~ Atlantic Bondin. Co., Inc:.
Approved as to form and
legal sufficiency:
Recommend Approval
IMXJL
Denton Baker, Director of
Financial Admin. & Housing
Patrick . hite
Assistant County Attorney
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PIlS! TITLI i ABSTRACT
PICI UP
3714560 OR: 3908 PG: 400~enda"~"'lJo. 16li1400
IICORDID In the omCIAL RlCORDS of COLLIIl coum, la;Jecember 14. 2010
10/11/2005 at 09:nAll DWIGHT I. BROCI, CLIRI Page 21 of 27
SECOND AMENDMENT TO AGREEMENT FOR DEFERRAL OF 100% OF COLLIER
COUNTY IMPACT FEES FOR MULTI-FAMILY AFFORDABLE HOUSING
L~
This Second Amendment to the Agreement for the Deferral of 100% of Impact
Fees entered into on this I- -1"<- day of Oc::folo"....... , 2005, by and between Collier
County, a political subdivision of the State of Florida, through its Board of County
Commissioners, hereinafter referred to as "County," and First Assembly of God of
Naples, Florida, Inc., hereinafter referred to as "Owner," collectively stated as the
"Parties;"
Recitals:
A!
WHEREAS, Collier County OrdipanGeNo:-~.901-13, the Collier County
Consolidated Impact Fee ordin~nCe;~\\~_rHeJ~~~eY'\.9(~inan?e No. 2002-34, and as it
may be further amended from ~I!f(~\o.:ttme, herelnafter)bpU~ctlvely referred to as
"Impact Fee Ordinance," proyides.Jelr deferrals of imp'licffees for new owner-occupied
dwelling units qualifying as r:ffOJd~~!.:~HOUsing.J2~r~uant 0 S\ction 74-401 (b) of the
Code of Laws and ord'na~tesl ;!.l.; /~\,.(:";",, h 'i~ \
WHEREAS, ownerl hata Q~rr,~f} ~q~~f\:nV{c f~s as allowed by the
Impact Fee Ordinance, an-a Q~y=6l~Ag'Qj~entGI~ ~ ded, is on file in the
office of Financial AdminiSrfciji~n and Housing D~e\~rtrTIenra.'..~' is recorded in O. R.
Book 3168 Page 0182, CoHi~~_9~unty, Florida ("A~t~_e~e'~~f and
"I' '. ), Lu
\,' ,,,"',, ",./(, /
WHERE~S, the Amend~~I.iyto,S~j~~J!~~.lll,\~t,~(eCorded in O. R. Book 3312,
Page 1868, Collier County, Flonda;,<;l.,r:i~ f E \ ,~./"
---.,----~-
WHEREAS, Owner has contracted for the sale of a portion of the property which
is subject to the lien created by the Agreement, the legal description of which is
attached hereto as Exhibit "B" and is incorporated by reference into this Agreement;
and
WHEREAS, the County Manager has determined the "Dwelling Units" as defined
in the Agreement and the remaining portion of the property retained by Owner continue
to be eligible for the deferral of impact fees;
WHEREAS, the County Manager has determined there is sufficient collateral in
the remaining property of Owner to secure County's lien under the Agreement; the legal
description of the remaining portion of Owner's property is attached as Revised Exhibit
\lA"; and
1 of 4
OR: 4lUlSaPGiN41lA114
'December U','2'610
Page 22 of 27
WHEREAS, the County Manager, or his designee, has reviewed this Second
Amendment to that Agreement, as amended, and found that it complies with the
requirements for an affordable housing 100% deferral of impact fees as set forth in the
Impact Fee Ordinance; and
WHEREAS, the provisions of the Impact Fee Ordinance authorize the County
Manager to sign this Second Amendment to Agreement on behalf of the County without
first obtaining approval of the Board of Collier County Commissioners;
NOW, THEREFORE, in consideration of the foregoing Recitals and other good
and valuable consideration, the receipt and sufficiency of which is hereby mutually
acknowledged, the Parties covenant and agree that:
1. The Recitals set forth above are true and correct.
2. The legal description for the location ~fthe dwelling units that will have its
impact fees deferred is hereby a~enp~eE~~~!Ej!l~i.p!t~'~" attached to the original
Agreement and said amended JeQ#I:~escription ~is'atfa.c~ed hereto as Revised Exhibit
"A," and incorporated by re"fere'ricjl~,herein,;"said amerlcietrl~al description represents
the portion of the property ~fta~e~~~!.?WOeI'_~_,r_\ \ \
3. The Agreement'/as~1 l1'ieil~rdjc~~'~~t' -~--~~Ulf~f1'nen It creates, shall have no
further force or effect upo#~ th, t dorti~n Iof h$ f periS IdlbY, bwner, which property is
described on Exhibit "B," ma) ai~~gre~ eh a,ame dJ~~' lien is hereby released
as to the property describe, 9 Exhibit "B." '''1(\ (:-:
\'(\),\ .,j:.,- /----~"-'
\ ,'".1 , '1't ' / \,'1,
Except as set forth he(E!/n;.<il1I other Recitals, t~r,ms,~provisions, conditions, etc.,
of the Agreement, as Amended.~I1f.,:II:~e ~~i~ !n_J,_YJJ( f6\',r\y~/and effect.
.. j ',- '" ,/
'. ,I Ij' ," \ '\', ..
. . t ' "
IN WITNESS WHEREOF, the Partt6shave'executed this Agreement on the date
and year first above written.
Witnesses:
OWNER:
First Assembly of God of Naples,
FIQrida, Inc.
1 ,
G)-<.02R.sL...A~ By:
Print Name~d"',d..J... f\ Sf:~,.+
)
L~ 'I
I' '~
'If ~ i\t
-.1. ~Vidl al , President
,
J
20f4
OR:A~~~~~~~f~46
Page 23 of 27
f1\MI~ ~. T'f\q~
t>J;i;wx> ...,.f> D;V'1.L t1)(.II"'-~
Print Name:
nlu..n':'" , 1)\O't(.{Y\
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me thiSl..o+--- day of
nc:PC;v y , 2005, by J.' President of First Assembly of God
of Naples, Florida, Inc. He: ersonally knowl)to me. 0 has produced _!~J~
(type of identification) as identification.
.\\\\HIIWIII11,"
....',\\- \'4" A. Ste",-."'",-
('9V-' ' '^''' ........ ~rl ~
\ I~ 'N -.. ~
__~ - -~~,. . €fA". ~
...-/\\,.,R C(N~l!W,'public g :'~e "<:;":*~
/:',l' \.~;:'-:"-------Nan.jJi }ll; otari",vpediJo'"l"1'lntedl~
/(y Stamp a~ ~i,\ #io1~ .:f<!g
I /t."--- ~'9r"..:)F'. - .." ~~
" JA.--=~..g: ~/" lie, S1~ ,....'"
(\(Jex:05mu'Tj ,,) '11""",",\\'
\(h ~~~Rl O~$bUNTY
\ ~ COM~S~IONERS OF COLLIER
~;>~___~g~~r:~/~LORIDA
~.~ "l!i~~~? . :d'~4
-r Q ES V. MUDD,
nt Name: '-.J lof ~ I J....}pb I IV ~ COUNTY MANAGER
Witnesses:
\~\.C~~Jf---_
. I" ''-.....
Print Name: , 1 )
\j( (< 1<-
STATE OF FLORIDA
COUNTY OF COLLIER
30f4
OR: ~g~llfaPGtl t4~~14
~ecemoer 1'I~!ci1O
Page 24 of 27
The foregoing Agreement was acknowledged before me this 5 t'r- day of
Oc.\o\:>~ ,2005, by James V. Mudd, County Manager, on behalf of
COUNTY. He is personally known to me or has produced K I c- (type of
identification) as identification.
i':'J\.
,T-j
DO"
No4wy PI.tlIt SIBle of FIoridlI
VrgIna A Hoot
My Comrniaoon 00443182
Elljlfto 06/2312009
v,,~a?t:i
Not Public
Name of Notary Typed, Printed\,.or
Stamped V\~\,<",o.... \\..~~......,
Approved as to form and
lega suffiCiency:
//~~\}I:?' ~=Q(;~"
/(8)>/ "~?:(.\
kow, Esq. i/ / \~:=.:"'-~---".!\ \ \
Attorney! ((I 'C-~':]/!~~;J"iD~V), )
i! ( [ I ! f" \l L .
I ,\ "")' I, " '-.
\ I, /;,J \ " j....-or
\ "",,\\''''~:- '---.".-./ '-'::,1(,\ ""'I-,/~y!'
'\ ",.\ \ ,,~I ~ /,~,
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40f4
JR: 3908 PAijeMOlem No, 16A14
December 14,2010
Page 25 of 27
EXHIBIT "A"
The Southwest 1/4 of the Northwest 1/4, Less the West 100 feet thereof; AND the West 1/2 of the
Southeast 1/4 of the Northwest 1/4 AND the West 1/2 of the East 1/2 of the SDutheastll4 of the
Northwest 1/4, Section 14, Township 50 South, Range 26 East, all situated and lying in CollierCounty,
Florida.
LESS AND EXCEPT THEREFRaM:
A PARCEL .oF LAND LOCATED IN A paRTIaN .oF SECTIaN 14, TaWNSHIP 50 SaUTH,
RANGE 26 EAST, CaWERCOUNTY, FLORIDA, BEING MaREPARTICULARL YDFSCRIBED
AS Fau.aWS:
caMMENCE AT THE NaRTHWEST CaRNER .oF SECTI.oN 14, TaWNSHIP 50 saUTH,
RANGE 26 EAST, caLLIER CaUNTY, FLORIDA; THENCE RUN S. OO'49'12"W., ALONG THE
WEST LINE .oF THE NaRTHWEST QUARTER .oF SAID SECTI.oN 14, FaR A DISTANCE .oF
1,338.98 FEET Ta A paINT aN THE NaRTH LINE .oF THE saUTH HALF .oF THE
NaRTHWEST QUARTER .oF SAID SECTI.oN 14; THENCE RUN N.87'28'39"E., AL.oNG THE
NaRTH LINE .oF THE saUTH HALF.oF 1,'~/'l9~)'J:f\VFST QUARTER .oF SAID SECTI.oN
14, FaR A DISTANCE .oF 1,593.~6Ji,~r.lfo'THEI'O~OF BEGINNING .oF THE PARCEL
.oF LAND HEREIN DESCRlB9lt 'rfffiNCE CaNTINtJE~)87'28'39"E., ALaNG THE NORTH
LINE .oF THE saUTH HALI; OF 11,lEN.oRTHWEST QUARTER .oF SAID SECTIaN 14, F.oR
A DlST ANCEaF745.63 FEl,iTTP APoINtgNpm'Ef'STLlJ:IEqFTHE WFST HALF .oF THE
EAST HALF .oF THE saupnjAs;rccqI,JAR:,:n;:,~"D '}\T~' ~.9R~T QUARTER .oF SAID
SECTIaN 14;THENCERU\'I~," 8'I~"W.,\wdl!'j;a', EASTEFTHEWESTHALFaF
THEEASTHALFaFTHEs\:J . TQ\lAA~OF ,1\1<;1 TQUARTERaFSAID
SECTIaN 14, F.oR A DlST ~N. f .oF 1,341.33 FEE1;ITO j>. P,Q,,, ,,' .oN THE saUTH LINE .oF
THE NaRTHWEST QUARTEItOF SAID SECTlaN1fi\TffNmiRUN S.87'31 '14"W., ALONG
THE SOUTH LINE .oF THE'NaRTHWEST QUARTER '.oF SAID SECTIaN 14, FaR A
DlST ANCEaF 88382 FEET; THEJ'oI~E~UN N.OQ'48'13';.It\FOR A DlST ANCEaF 213.59 FEET;
THENCE RUN N.22'19'04"W., FOR ADIS~a;ED~'94.95 FEET; THENCE RUN N.OO'18'59"E.,
FaR A DISTANCE .oF 216.38 FEET; THENCE'RUN N.87'28'12"E., FOR A DISTANCE .oF
172.03 FEET; THENCE RUN N.66"03'38"E., FaR A DlST ANCEaF 117.91 FEET; THENCE RUN
N.00'32'14"E., FaR A DISTANCE .oF 441.42 FEET; THENCE RUN S.87'28'12"W., FaR A
DISTANCE OF 80.31 FEET; THENCE RUN N.02'31 'OO"W., FOR A DlST ANCEaF 335.86 FEET,
Ta THE paINT .oF BEGINNING.
t**
Page 2 of 2
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Agenda Item No. 16A14
December 14, 2010
':'age 27 of 27
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
958984
Date
11/16/20104:38:15 PM
Post Date
11/17/2010
Nbr
FIRST ASSEMBLY OF GOD
FIRST ASSEMBLY OF GOD
Payor: FRED W MUNDIE, JR PA
Fee Information
Fee Code Desg:iption ..- j-<3L Account Amount Waived
09DFM2 ROAD DEF PAYOFF M/F D2 33316365332410331333 $19806.00
09EDMF EMS DEFERRAL M/F PAYOFF 35014047032410331350 $2926.00
09JDFM JAIL DEFERRAL PAYOFF M/F 38111043032410331381 $741.00
Total $23473.00
Payments
Pa ment Code
CHECK
AccounUCheck Number
12850
Amount I
$23473.00
$0.00 I
$23473.00
$23473.00 I
T alai Cash
Tolal Non-Cash
Total Paid
Memo:
Impact fee. deferral payoff OR3168 PG0182, OR3908 PG4002, OR3312 PG1868.
Cashier/location: KATHLEENVANSICK / 1
User: FLEISHMANPAULA
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:11/16/2010 4:38:53 PM